Masonry Magazine February 2006 Page. 43
TROW & HOLDEN STONE HAMMERS
application of the specific laws, including notice and filing requirements.
Review your subcontracts before signing them to make sure that you are not contractually agreeing to waive your lien rights. Such contractual language could bar your lien claim, regardless of proper notice and timely filing of the claim.
Organize and implement an accounting system that provides you with up-to-date invoices that detail the scope of work and the dates you performed such work. Regularly bill your clients and keep detailed records of overdue accounts. Your system should also include mechanisms for sending overdue notices to customers with outstanding accounts and should provide strict deadlines for payment.
In the event filing a mechanic's lien is necessary, it is prudent to consult with an attorney and have him or her prepare, file and send the notices to the proper parties to ensure compliance with the specific lien laws. As discussed previously, failure to strictly abide by any statutory requirement could spell doom for your lien claim and ultimately your ability to recover any unpaid fees.
Conclusion
Subcontractors should take comfort in knowing that when they are not being paid for their work, there are legal remedies available that may assist them in recovering their hard-earned money. Careful consideration and application of your state's mechanic's lien laws can be a saving grace in these situations. Indeed, through these statutory mechanisms, subcontractors can help ensure that they are not deprived of the important cash flow that is necessary for their company's survival.
Bradley J. Hansen, Esq., is an attorney with the Northern Virginia law firm of Hughes & Associates, P.LLC. He specializes in franchise, construction and complex civil Mitigation. Brad can be reached at brad@hughesnassociates.com, or by calling (703) 671-8200.
This article is not intended to provide legal advice, but to raise issues on legal matters. You should consult with an attorney regarding your legal issues, as the advice you may receive will depend upon your facts and the laws of your jurisdiction.
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February 2006
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